TERMS AND CONDITIONS (AGB)
§1 General – Scope of Application
These terms and conditions apply to all current and future business relationships, even if they are not explicitly agreed upon again.
Consumers, as defined by these terms and conditions, are natural persons entering into a business relationship without engaging in commercial or self-employed professional activity.
Entrepreneurs, as defined by these terms and conditions, are natural or legal persons or legally capable partnerships that enter into a business relationship in the exercise of a commercial or independent professional activity.
Customers, as defined by these terms and conditions, include both consumers and entrepreneurs.
Deviating, conflicting, or supplementary terms and conditions shall not become part of the contract unless expressly agreed to in writing.
§2 Contract Conclusion
Our offers are subject to change. Technical modifications as well as customary deviations in shape, color, texture, and/or weight are reserved.
By placing an order, the buyer makes a binding declaration of intent to purchase the ordered goods. We are entitled to accept the contractual offer within the order within two weeks upon receipt. Acceptance can be made in writing or by delivering the goods to the customer.
If the consumer orders goods electronically, we will confirm receipt of the order immediately. This confirmation does not yet constitute binding acceptance of the order. Acceptance can be combined with the confirmation.
Our sales staff, travelers, or representatives are not authorized to make oral side agreements or give oral assurances that go beyond the content of the written contract.
If a consumer orders electronically, we will store the contract text and send it to the customer upon request along with these terms and conditions by email.
§3 Orders on Demand
If call-off orders are placed and not retrieved within six weeks after the agreed call-off period, we are entitled to either demand immediate acceptance or withdraw from the contract.
The same applies to call-off orders without a specifically agreed call-off period if four months have passed since the order confirmation without a call-off.
§4 Delivery and Performance Time, Shipping Costs
If the customer requests special packaging or a special shipping method, the additional costs incurred will be charged separately. Shipping costs to end customers within Germany are free (except for islands). Shipping costs for entrepreneurs will be agreed separately.
If transport insurance for breakage or other transport damages is requested by the customer, the resulting costs must be borne by the customer.
Force majeure events and circumstances beyond our control that make the timely execution of accepted orders impossible—such as material procurement difficulties, operational disruptions, strikes, lockouts, etc., including those affecting our suppliers or their subcontractors—entitle us to withdraw from the contract in whole or in part, excluding claims for damages from the purchaser, or to postpone delivery for the duration of the impediment.
§5 Retention of Title
For contracts with consumers, we retain ownership of the goods until full payment of the purchase price.
For contracts with entrepreneurs, we retain ownership of the goods until all claims arising from the business relationship are fully settled.
The customer must handle the goods with care until full payment has been made.
§6 Payment
The stated purchase price is binding. All prices are net prices plus applicable VAT. If the buyer is a consumer, the invoice amount will include VAT.
No additional costs arise for the customer when ordering via remote communication methods. The customer may pay the purchase price in cash, by cash on delivery, or by invoice. Cash-on-delivery fees are borne by the customer.
Commercial customers must pay within 10 days of receiving the goods. If the customer is a consumer, prepayment applies.
§7 Transfer of Risk
If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover or, in the case of a shipment, upon delivery to the carrier.
If the buyer is a consumer, the risk passes to the buyer only upon handover of the goods, even in the case of shipment.
§8 Warranty and Withdrawal
Consumers have a right of withdrawal within 14 days. See the cancellation policy. Entrepreneurs and commercial customers have no right of withdrawal or return.
Obvious defects must be reported in writing within eight days of receiving the goods. Otherwise, warranty claims are excluded.
The warranty period for entrepreneurs is one year from delivery of the goods. For consumers, it is two years. For used goods, the warranty period is one year.
§9 Liability Limitations
For slightly negligent breaches of duty, our liability is limited to foreseeable, contract-typical, direct average damages. This also applies to slightly negligent breaches of duty by our legal representatives or agents.
These liability limitations do not apply to claims under product liability law.
§10 Return of Goods, Insolvency
If the customer fails to fulfill their obligations, we may demand the return of goods delivered under retention of title.
If insolvency proceedings are initiated, our retention of title applies to all goods delivered, even if they have already been paid for.
§11 Final Provisions
German law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.
If individual provisions of the contract, including these general terms and conditions, are wholly or partially invalid, the validity of the remaining provisions remains unaffected.